Agenda
Agenda: https://storage.googleapis.com/proudcity/sanrafaelca/2026/08/2.a-minutes-2026-07-20-67b2f6a3.pdf
Transcript
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[9:59]
the Friday night.
[14:19]
You ready?
All right. Welcome everyone to the
[14:23]
regular meeting of the Sanfell City
Council. Today is Monday, August 17th,
[14:27]
2026. The city clerk, if you could call
the role.
[14:30]
» Council member Bushy,
>> present.
[14:32]
» Council member Hill,
>> present.
[14:33]
» Vice Mayor Curts,
>> present. Council Maria Tuli Rand Mayor
[14:37]
Kate
>> present. We met in close session prior
[14:39]
to this meeting and I'll ask the city
attorney to report out.
[14:43]
» Thank you Mayor Kate. No reportable
action was taken in close session this
[14:46]
evening.
>> Thank you. Good evening everyone and
[14:49]
welcome. Thank you for joining us
whether you're here in person or online.
[14:52]
We appreciate your participation and
engagement. We apologize that we're
[14:56]
running a few minutes late. We did have
a ribbon cutting out in front of city
[15:00]
hall. There is a new incredible
sculpture there. So, next time you're in
[15:04]
the city, uh do check it out. Um it is
one of several art pieces throughout the
[15:10]
throughout the city. So, if you've
attended a previous city council
[15:14]
meeting, you know that we like to start
by appreciating our staff as they work
[15:17]
so diligently on behalf of our residents
every day. So, it's a special highlight
[15:21]
today to announce, they already know,
but to announce to the community our
[15:26]
team and employee of the quarter for Q2
of 2026. The team of the quarter are in
[15:32]
our community and economic development
department and they are our permit
[15:37]
technicians. Sydney Dolchini, Julio
Perez, and Oscar Padilla. Sydney, Julio,
[15:43]
and Oscar have earned repeated praise
for providing fast, high-quality service
[15:47]
while making sure city permits are
issued accurately and efficiently.
[15:52]
During the transition to open gov, which
is a platform that the city uses, they
[15:56]
kept permit processing moving seamlessly
while learning new systems, improving
[16:01]
processes, and continuing to provide
excellent customer service. Their
[16:05]
patience, positivity, and solutions
focused approach are a great example of
[16:10]
teamwork and public service. And our
employee of the quarter is Gray Melgard,
[16:16]
senior civil engineer in public works.
Gray consistently steps up for
[16:20]
colleagues in our community, taking on
significant additional responsibilities
[16:25]
during a staffing transition while
continuing to move important projects
[16:29]
forward with calm professionalism and a
collaborative spirit. Gray truly
[16:33]
embodies our together Sanfell
principles. We're very fortunate to have
[16:37]
them on our team. Congratulations to
Sydney, Julio, Oscar, and Gray.
[16:45]
is how we uh applause in our chambers. I
also want to briefly note that we now
[16:50]
accept public comment by telephone as
part of our public participation
[16:54]
process. We welcome everyone's input and
ask that whether participating in person
[16:59]
or remotely, we maintain a respectful
and welcoming environment even when we
[17:04]
strongly disagree. We also include as
part of our opening an land
[17:09]
acknowledgement that was actually
written by the tribe and it reflects our
[17:13]
ongoing collaboration and work with
them. We thank the original caretakers
[17:17]
of this land. Sanfell is traditionally
home to the coast Miwok people, many of
[17:20]
whom today are citizens, our tribal
citizens of the federated Indians of
[17:24]
great rancheria and we honor their
continuing involvement and stewardship
[17:28]
practices that benefit us all. Thank you
for being here. I'll turn it over to the
[17:32]
city clerk as she can explain how the
public can participate in tonight's
[17:35]
meeting.
>> Thank you, Mayor Kate. Tonight's meeting
[17:37]
is being recorded and streamed live on
YouTube. For members of the public
[17:40]
wishing to provide public comment, you
may participate in person through Zoom
[17:44]
webinar or by telephone. If you're
joining by phone, you can call
[17:47]
669-444-9171
and enter the webinar ID 860-619-5675
[17:56]
pound. When you wish to provide public
comment, you can press star 9 to raise
[17:59]
your hand. When it's your turn to speak,
you will hear a prompt that says to
[18:03]
press star six to unmute yourself. If
you're joining through Zoom, you can use
[18:06]
the raised hand feature when you wish to
speak. The host will call call on you
[18:10]
and prompt you to unmute as well. If
you're commenting in person, you can
[18:12]
form a line at the podium once Mayor
Kate invites public comment, and you'll
[18:16]
have two minutes to provide comments.
Displayed on the podium and the
[18:19]
projector is a timer to help you stay
within the two-minute time frame. At the
[18:22]
conclusion of your two minutes, your
microphone will be muted, so we may hear
[18:26]
to from the next speaker. You're
invited, though not required, to
[18:29]
introduce yourself and say what part of
Centerfell you live in, or if you're
[18:32]
joining us from outside of Centerfell.
If you're experiencing any technical
[18:35]
difficulties, you can contact me at by
email at city.clerk@c cityofterfell.org.
[18:41]
Thank you.
>> Thank you. We have open time for public
[18:44]
expression at both the beginning and end
of the meeting. At the beginning, we'll
[18:47]
just do it for about 10 minutes for
folks both in the room and online. We'll
[18:50]
have more time at the end of the
meeting. Uh you are welcome but not
[18:54]
required as you just heard to state your
name and what part of Sanfell you're in.
[18:57]
And as I've already mentioned we do
welcome a diversity of viewpoints and
[19:01]
respectful disagreement and help us
maintain a welcoming environment for
[19:05]
all. So I already have received two
cards of folks in the room. So now would
[19:10]
be your opportunity. So we have Oliver
Reyes and Mon Gaho. If you'd like to
[19:16]
come and speak we would be interested in
what you have to say.
[19:34]
Good evening, Mayor K and council
members. My name is Mona Maho and I am a
[19:39]
student at Davidson Middle School. I am
also part of alcohol justice youth
[19:44]
organization in the canal. Whereas thank
you for allowing us to speak again.
[19:49]
We're here. We're asking for better
lighting and clear signage at Pickle
[19:53]
Park. This park is very important to the
youth in our community. It's where we
[19:58]
play, hang, and connect. These changes
would make a huge difference to us.
[20:02]
Thank you for allowing us to speak and
thank you for your time and
[20:06]
consideration.
>> Thank you.
[20:11]
» Hi, my name is Oliver Reyes and I'm an
incoming freshman at Sanfile High
[20:15]
School. In May, our youth ambassadors
were here to request a platform for
[20:20]
local youth voices
to offer our concerns while offering
[20:24]
fresh solutions. I am asking to reopen
our request for the youth platform. We
[20:29]
want to work with the city, not just
speak to the city. We believe Santa Fe
[20:34]
can be modeled for what youth centered
civic engagement looks like. Thank you
[20:38]
for your time and commitment to making
our community safer and stronger.
[20:44]
Thank you both for your comments and
because it's during public open time, we
[20:47]
can't respond formally, but I will say
we're starting an East Sanrafll um
[20:52]
planning effort which we would
absolutely welcome youth participation.
[20:57]
So, we have your contact information.
We'll ensure that you know uh when those
[21:03]
that engagement is happening because it
will include pickleweed and it will also
[21:06]
include other other parts of East
Sanfell. Thank you. Thank you both.
[21:13]
Is there anyone else in the ch
[21:18]
Is there anyone else in the chambers
that would like to comment during public
[21:21]
open time? I don't see anyone in the
chambers. Is there anyone online?
[21:26]
» I see no hands raised. I'd like to
remind everyone if you're calling on by
[21:30]
phone. You can press star 9 to raise
your hand.
[21:35]
» I see no hands raised.
>> Thank you. We will close the public uh
[21:38]
open time for public expression and
again there will be additional time at
[21:41]
the end of the meeting. Uh we'll turn to
the city manager and council member
[21:44]
reports. Interim city manager Navasio.
>> Okay. Thank you uh madame mayor. Uh just
[21:50]
a few items I'll highlight. Um we've
already put out uh um information in
[21:56]
this regard, but just note that uh we
have started the uh road construction
[22:00]
work on point um uh San Pedro Road as
well as um up in Terolinda. Uh these are
[22:09]
both two significant paving projects
part of our citywide uh um pavement
[22:15]
efforts. Uh work is going to continue
through October. So there's going to be
[22:20]
traffic impacts on um basically weekdays
from 8:00 to 5:00 with lane closures. So
[22:26]
a just noting that and um asking
everybody to just be uh very mindful of
[22:30]
traveling through those areas. Um
uh I'll just note that we also have um
[22:37]
you mentioned the East San Rafll
specific plan. We also have several kind
[22:42]
of ongoing concurrent um community
engagement efforts uh currently
[22:47]
underway. The community is hopefully
aware of the uh partnership with
[22:52]
change.org that is soliciting uh
feedback through uh their platform uh
[22:58]
that folks can um have already started
to um submit significant uh comments. We
[23:04]
encourage that. Um also there's more
information on the website. Uh council's
[23:09]
also aware that the city as part of our
strategic work plan is looking to review
[23:14]
and as needed update our citywide uh
parket permit uh program. There's been
[23:18]
some um meetings with neighborhood
groups. There's also going to be a
[23:22]
survey that's going to be going out. So
there'll be some more information on
[23:25]
that. But just want to make folks aware
of those two um opportunities for uh
[23:29]
feedback we're soliciting. And I'll just
highlight um see a couple of uh meetings
[23:36]
later this week. Actually, tomorrow
morning, our economic development and
[23:39]
housing subcommittee will be meeting um
on third floor of this building at 10:00
[23:44]
a.m. Our police advisory and
accountability committee will be meeting
[23:49]
on Wednesday, 6 p.m. in um in this
space. And then on Thursday, a busy day,
[23:56]
we'll have our homeless subcommittee
meeting in the morning. And our newly um
[24:02]
formed uh subcommittee on the 350 Midel
affordable housing project will be um
[24:07]
holding its meeting um on uh Thursday
evening at 5 o'clock.
[24:13]
Um
I'll leave it at that for now.
[24:16]
» Okay. Thank you. I'll turn to my
colleagues to report out what they've
[24:20]
been up to. Uh Vice Mayor Curts, go
ahead.
[24:23]
Thank you. Um, I was a had the honor of
presenting to Marin Community Clinics a
[24:31]
proclamation on n national health center
week partner appreciation day and we
[24:37]
were one of the partners with um Marin
Community Clinic. So that was nice. Uh
[24:42]
the I attended the MCCMC
Marin County Council mayors and council
[24:49]
members legislative meeting. We did the
golf center ribbon cutting um which is
[24:57]
located in North Sanfell and Mayor Kate
practiced. Uh it's quite interesting. It
[25:04]
was good. Thank you to the our San
Rafale police department for hosting
[25:09]
National Night Out. I was able to visit
three locations in North San Rafale and
[25:14]
Contempo and two within Terolinda.
And I did a tour of the Cedars uh site
[25:23]
which is in San Rafale sort of right at
the top of San Rafale and Sanelmo um
[25:28]
that serves many individuals with
developmental disabilities um with an
[25:33]
additional focus on older adults. So
>> that's it.
[25:36]
» Thank you, Council Member Uran Scaladi.
Thank you, mayor. Um, so I have a few
[25:42]
updates from back in June because, um, I
missed the meeting in July. I was
[25:46]
visiting family. So, um, I'll just try
to be brief. Um, on June 5th, um, I
[25:52]
attended the Cal City's June policy
committee meeting and I I'm representing
[25:57]
the city on the environmental quality
policy committee update. And uh so we
[26:02]
just went uh with some updates on the
priority environmental legislation
[26:06]
including positions on bills related to
building standards, data center, energy
[26:12]
efficiency, clean energy permitting and
energy governance. Um the committee also
[26:17]
highlighted some of the cal city's
sponsor legislation on disaster
[26:21]
assistance, wildfire preparedness, sea
level rise planning, um and the PFAS
[26:28]
mitigation. So um I'm very happy to
represent uh the committee and I will be
[26:33]
attending the cal city cities conference
in ju in September sorry um also
[26:37]
attended in Brettheart the um sixth
annual bread heart in the park and that
[26:42]
was a wonderful neighborhood event uh
showcased with the creativity of our
[26:47]
local artists musicians makers and
artist plays so it's always a great
[26:51]
opportunity just to see the community uh
there was a sea level right subcommittee
[26:56]
meeting for the city of San Rafael where
uh mayor Kate is always attending as
[27:00]
well. And um let's see um something
really exciting. It was the first annual
[27:07]
green festival by Raises El Canal. And
um so this was like um environmental
[27:14]
event for the community. And I really
want to thank everybody from the our
[27:18]
staff from the city that made it
possible at Pickle uh the Picklewood
[27:23]
libraries and all the other agencies um
who participated. I was actually
[27:27]
volunteering with the Mar gardeners and
it was really fun to get all the
[27:31]
families interested um into composting
and um different events. So, uh finally
[27:38]
um on August 12th, I attended the ribbon
cutting and a new business that I'm
[27:42]
super excited um in the Marina Square is
a Crunch Fitness. Uh Mayor Kate was
[27:48]
doing the the ribbon cutting and council
member Hill was there as well. And it's
[27:52]
really amazing to have this new business
in uh in my district. one which is the
[27:57]
south of uh San Rafael and I know that
there are already so I think they've
[28:02]
been open for like six weeks, seven
weeks now and it was completely packed.
[28:05]
So it's so great to have a place for the
community to to get healthy. And then uh
[28:10]
this morning I had a really fun time. It
was a meeting, but uh we were Mayor Kade
[28:16]
and I with uh some of our um staff
members were kayaking um in the canal um
[28:22]
to show the new sustainability person
from Marin County about sea level rise.
[28:28]
Uh supervisor Saket was there uh many of
our staff members and also from the
[28:32]
county. So it was a lovely day but it
was very important just to see it's a
[28:36]
different perspective what you see from
the water. So I'm very grateful that I
[28:40]
got invited to that. So that's my
report. Thank you.
[28:43]
» Thank you. Uh, Council Member Bushy,
>> I have three items to, um, report on.
[28:48]
I'm going to do them in reverse
chronological order so I can end with
[28:51]
the best one.
I'll start with um, the meeting of the
[28:55]
board of the Central Marine Sanitation
Agency. Two great things happened there.
[29:00]
First, um we approved the job
descriptions for the employees coming
[29:06]
over to CMSA from San Rafale Sanitation
um district which is part of our
[29:12]
operational consolidation process. So
the nuts and bolts are getting turned to
[29:17]
to make that happen. We also heard uh in
close session a report on the mediation.
[29:22]
I can't share the details but I
personally remain optimistic about the
[29:26]
resolution of on the current dispute
amongst the um JPA members. I also um
[29:33]
attended national night out. I thought
we had a great turnout this year and um
[29:38]
I noticed that the safe team was
particularly um popular. U people knew
[29:43]
who they were and and more importantly
what they did. And finally, on August
[29:48]
2nd, I was delighted to attend the
annual achievement ceremony for
[29:54]
Centerpoint Incorporated. They are a
residential and outpatient treatment
[29:58]
center headquartered here in San Rafale.
23 people graduated um from the program
[30:04]
um and spoke about how their their lives
are back on track. It was really a
[30:08]
pleasure to hear the district attorney
who was a keynote speaker talk about the
[30:13]
role that um Centerpoint plays in
turning people's lives around. So, it
[30:17]
was a a very uplifting um experience at
our um B Street Community Center. Thank
[30:23]
you.
>> Thank you, Council Member Hill.
[30:26]
» Thank you, Mayor Kate. My report
includes all meetings going back into
[30:30]
July, which includes Saturday, July
25th. I attended three events that day.
[30:35]
Gristol Park cleanup. Uh my duty was
picking up all the cigarette butts going
[30:40]
around. That was a self-appointed role.
Uh then went over to the touch a truck
[30:45]
event at Sanfell High School, the
biggest touch a truck event yet. I was
[30:49]
told because I wasn't there at opening
that there was a line of people ready to
[30:53]
get run in like it was Black Friday. Um
and uh so we might need to find a larger
[30:58]
venue next year. And then that evening I
did a ride along with Corporal Agger. Uh
[31:04]
it was a it was a wonderful evening to
see how our uh patrol members are uh
[31:12]
in our community and ensuring that uh
safety is the priority. I will recount
[31:18]
um one uh anecdote that evening that a
person had called in indicating that
[31:24]
they were in danger and then stopped
talking. The officers um used uh
[31:29]
persistence uh intelligence and
experience uh to do to use every tool at
[31:35]
their uh disposal as well as going door
to door until the person was eventually
[31:40]
found. Thankfully uh it was a person who
was uh more confused and it was not uh
[31:44]
more than that but but it spoke to me
about the quality of our officers and I
[31:48]
was grateful for that opportunity. Uh
the next uh report is for Tuesday,
[31:54]
August 4th, National Night Out. As
already mentioned, I was with Lieutenant
[31:58]
Eberly uh with along with the mayor,
Vice Mayor, and uh Council Member Bushy.
[32:04]
Uh we went to Crystal Park, West End
Neighborhood, and Vivivalon Healthy
[32:07]
Aging Campus uh where I was able to
partake in what was being served that
[32:12]
evening. And then on Wednesday, August
12th, I also joined uh Council Member
[32:17]
Yuran Goladi at the uh Crunch Fitness
and Marin Squares Shopping Center. Uh
[32:22]
and then this past Friday, August 14th,
I had an opportunity to visit the Marin
[32:27]
Fire Station, the only uh station in our
shared service network that I had not
[32:31]
previously visited. Uh it was great to
see the folks serving our community who
[32:34]
had just come back from a medical call.
Um, seeing station 58 was a reminder
[32:39]
that it was not one of among one of the
public safety uh sta one one of the
[32:43]
stations that was included in our public
safety improvements funded by measure E
[32:49]
from 2013. And I was also reminded uh
going back just a few months ago that
[32:53]
the city had allocated funding um
timarinwood to support an important
[32:56]
intermediate step toward uh stronger
staffing and improved compensation on
[33:00]
the way to full parody. And it was a
reminder that we remain committed to the
[33:04]
longer term service agreement uh at some
point in the future to bring staffing uh
[33:08]
to uh full parody and compensation. And
then finally on that same day I was at
[33:13]
the youth and arts uh building to
receive the Cal Arts Council who we just
[33:20]
uh spoke about uh um in front of city
hall just now. uh that uh they were here
[33:26]
for a day uh for their off-site meeting
and they were pivotal in ensuring that
[33:32]
this city received just over $700,000
just a few years ago on the heels of in
[33:38]
2017 being designated uh as uh one of 14
uh cultural arts districts in the state
[33:44]
of California. We're grateful to the
California Arts Council for coming here
[33:48]
and being able to tour uh our our city
and see a lot of the results of that
[33:53]
funding uh ongoing programs and of
course the public art. That's my report.
[33:58]
» Thank you. I'll just add a few things. I
also participated National Night Out and
[34:03]
again thank you to our first responders
who also participated and the community
[34:07]
leaders that brought their neighborhood
together um so we could all connect. So
[34:11]
that was a really really well attended
event.
[34:14]
As you know, I'm your representative on
TAM, the transportation authority of
[34:17]
Marin. TAM staff met with city staff and
with DPW and director Miller uh to
[34:24]
discuss about the one Bay Area grant
program that is through MTC, the
[34:28]
Metropolitan Transportation Commission.
This is funding opportunities for us to
[34:32]
do projects locally. Uh it is not always
a straightforward uh way to apply for
[34:37]
those grants. So, TAM is offering their
expertise and working with the city if
[34:41]
we so choose to apply for any of those
grants. In addition, we had a TAM
[34:46]
commission meeting. You might have read
about it in the J today. Uh, one of the
[34:50]
key items was talking about throughout
Marin County the coordinated traffic
[34:54]
signal modernization plan update. Uh,
the short version is many of the traffic
[35:00]
signals have don't reflect um, modern
uh, technology. So, TAM is looking at
[35:05]
all of the signals comprehensively and
then we'll prioritize which ones will be
[35:09]
upgraded. Hopefully, all will be, but
they won't be able to be upgraded all at
[35:12]
once. So, that's really looking at it
across the entire county.
[35:16]
Uh, we've heard about the ribbon
cutings. We always love ribbon cutings.
[35:20]
Uh, they tend to pick up a little bit in
the fall as people return back from the
[35:23]
summer. And as mentioned, we had the
Marin indoor golf. If you want to work
[35:26]
in your golf game, that's up in Terinda.
And then Crunch Fitness, you want to
[35:29]
work on your personal fitness. Um, and
that is down in the Canal neighborhood.
[35:33]
So, very appreciative of our local
businesses. And then finally, I was
[35:37]
honored to speak at Drake's Terrace.
It's a retirement community here in
[35:40]
Sanfal. I asked hard questions and
really wanted to know what was going on
[35:44]
in Sanfell. So always appreciate all of
us all appreciate always appreciate the
[35:48]
opportunity to come and speak to
community groups. So if you're
[35:51]
interested, do reach out. Um and we are
happy to do so. So thank you all for
[35:55]
what you've done since our last meeting
in July. And before we move on to the
[35:59]
consent and calendar, I will have uh any
public comments. So if you want to
[36:03]
comment on any of the items that you
just heard specifically about the
[36:06]
reports, now is your opportunity to do
so. And I will look in the chambers
[36:13]
if you would like to comment on the
reports.
[36:18]
» Yeah. So just the reports. There will be
public comment on the other items. I
[36:22]
don't see anyone in the chambers. Is
there anyone online that would like to
[36:25]
comment on the reports?
>> I do see one hand raised and just want
[36:28]
to remind everyone that they can use
star 9 to raise their hand. And just as
[36:32]
a reminder, we are taking phone comments
and we want to maintain a welcoming
[36:37]
environment by refraining from hateful
or discriminary discriminatory remarks.
[36:51]
» My name My name is Gson and I support
the police. I support the police. Brutal
[36:59]
I hate so much. They
beat our women in sport. They beat our
[37:05]
women in county jails.
>> I hate so much.
[37:09]
» If you could mute, I just would like to
>> So, we are taking public comment and
[37:14]
it's a new world. So, I'm going to turn
to the city attorney to find out what
[37:18]
speech is acceptable and which is not.
>> Uh, thank you, Mayor Kate. And I think
[37:22]
it's important to note that um the
speaker was muted, but the speaker has
[37:26]
um uh uh not been cut off the line. I
just think that the type of speech that
[37:33]
was um just heard and we heard similar
speech uh prior to the close session
[37:38]
this evening uh is worthy of comment
before the speech is allowed to continue
[37:42]
under the first amendment.
So, we have a couple of sources to look
[37:47]
at when we analyze whether uh this type
of speech is something that um we must
[37:53]
endure at a public meeting like the one
that we're in. I think it's particularly
[37:58]
important to make these observations
tonight because we have young people in
[38:02]
the room and the kind of speech that
we're hearing and it sounds like we're
[38:06]
going to continue to hear when the
speaker resumes is speech that if we had
[38:11]
a choice we really likely would um make
the decision not to expose minors to
[38:17]
because it's so uh inappropriate in our
view. All that said, uh I want to make
[38:23]
some observations about our city's
policy and explain why my advice uh to
[38:28]
you, Mayor Kate's going to be uh when
I'm done speaking, which will take a
[38:32]
little while longer. So bear with me, um
to allow the speaker to continue with
[38:36]
their remarks if they're in the same
vein and don't tread into what actually
[38:40]
is impermissible under the first
amendment. So uh the question presented
[38:47]
is whether uh the the speech violates
the city's adopted policy on disruptive
[38:54]
behavior in a public meeting. What is
disruptive behavior? We actually have it
[38:59]
defined here in San Rafale and it tracks
the government code. The applicable
[39:04]
government code uh section is 54957.95
[39:11]
which defines disrupting as behavior
that actually disrupts, disturbs,
[39:15]
impedes or renders in feasible the
orderly conduct of the meeting and
[39:20]
includes failure to comply with
reasonable and lawful regulations of the
[39:24]
body. Except for true threats of force,
removal must be preceded by a warning
[39:29]
that the behavior is disrupting the
meeting. Now, in some people's view, the
[39:32]
speech that we were just hearing might
uh fall within that definition, but that
[39:37]
really would be inconsistent with uh
what the first amendment would deem uh
[39:42]
disruptive speech. An example I would
give would be if the speaker were here
[39:46]
live and standing at the podium, the
comments that were made would be
[39:52]
permissible speech under the first
amendment and our disruptive speech
[39:56]
policy. What would be impermissible is
if the speaker at the conclusion of
[40:00]
their aotted time refused to seed the
podium and continued to just talk and
[40:06]
rail and scream and make similar
comments. If that were to occur, it
[40:11]
would be uh permissible to eject the
speaker. But going back to our policy,
[40:16]
uh, and similar to what I just read from
the government code, disruptive behavior
[40:21]
under Sanderfell's policy 7.1 under
disruptive behavior in public meetings
[40:27]
is speech or actions that prevent the
legislative body from conducting its
[40:31]
business. For example, and this goes
along with what I just said, yelling
[40:35]
over speakers, refusing to yield the
floor, spamming the chat.
[40:40]
This isn't really chat. When we're
getting online uh oral commentary like
[40:45]
this, spamming is what we've experienced
sometimes in the past when a uh person
[40:50]
was able to take over the chat function
on um our uh then Zoom meetings and put
[40:56]
in uh epithets and things like that.
Fortunately, uh we don't um seem to
[41:01]
offer that possibility anymore because
we're able to control that from
[41:04]
occurring. Um so that kind of speech
would be disruptive of our policy. I
[41:09]
think also because of the uh comments
that we heard earlier this evening that
[41:13]
most people present didn't hear but the
council did prior to close session. It's
[41:17]
important to talk about obscenity for a
moment and the difference between
[41:21]
profanity and obscenity.
Um
[41:26]
using a profane word and even a profane
word directed at a public official is
[41:32]
not obscenity as defined by the law. And
so, um, it would only be speech that
[41:39]
would meet the, uh, the legal definition
of obscenity. That would be speech that
[41:45]
would not be required to be permitted at
this public meeting and would be, um,
[41:50]
speech that we'd be entitled to
prohibit. Uh, one more comment I want to
[41:54]
make before we resume is about hate
speech for a moment. And this is uh
[41:59]
precisely relevant to the speech that we
were just hearing because it was calling
[42:04]
out um uh certain members of the
community and making uh hostile or
[42:09]
adverse comments about them. Hate speech
under Sanderfeld's policy means speech
[42:14]
that demeanes or targets people based on
race, ethnicity, religion, gender,
[42:20]
sexual orientation, or similar protected
characteristics is often deeply
[42:25]
offensive. but is generally protected
under the First Amendment if it does not
[42:32]
cross into unlawful conduct. And so when
we're hearing speech like we were just
[42:38]
hearing, which we interrupted, but which
um if the speaker has stayed on the
[42:43]
line, my advice to you, Mayor Kate, will
be to allow the speaker to continue.
[42:47]
That sort of um speech would be
permissible. As hateful as it is, as
[42:52]
unpleasant as it is to hear, as much as
all the people in this room, especially
[42:57]
those of you on the dism and appreciate
and respect so much, abhore, uh there's
[43:03]
really um nothing we can do other to
endure it, to be thankful that we live
[43:08]
in a country that has the first
amendment and gives people the right to
[43:12]
free speech and an opportunity to
express themselves, to continue to do as
[43:16]
mayor Kate does to encourage uh
community members to um keep their
[43:20]
remarks positive and to not use speech
like that. But I think for everyone
[43:24]
present, including our young people who
are having their chance to experience a
[43:30]
public meeting tonight, it's important
to understand why with a lawyer in the
[43:35]
room, with a police chief in the room,
with a a uniform police officer present,
[43:40]
and with our elected city council
members on the dis, it might appear to
[43:44]
the community and those present that
we're not doing anything about it. Well,
[43:50]
that's true, but we're enduring the
speech for a reason, and I thought it
[43:55]
very important to explain that tonight.
Thank you for allowing me this
[43:58]
opportunity to make these comments,
Mayor Mayor Kate.
[44:02]
» Thank you, city attorney. Um, we
appreciate that, and we appreciate that
[44:06]
we are balancing public participation,
which we um welcome and hopefully it's
[44:12]
done in a respectful, non-discriminatory
manner. So, I know we did mute the
[44:16]
speaker. If the speaker has anything
that they would like to share hopefully
[44:20]
with that additional guidance and this
is on the council member reports only we
[44:26]
would be welcome to hear your viewpoint
as long as we I'll leave it there. So if
[44:33]
you could just have your concluding
statement that would be fine.
[44:36]
» Give me one moment.
[44:48]
Thank you very much, city attorney, and
thank you for upholding free speech.
[44:54]
Yeah,
I just hate training so much. And I want
[44:58]
to roll on the streets of Beverly.
Like I said about the Warkski case and
[45:06]
also Mayor Curt Mayor Danger your dump
[45:13]
as we said protected speech. Thank you
for your comments. You may close the
[45:17]
public comment at this point. Please
mute. Thank you.
[45:21]
» I see no other hands raised.
>> Okay.
[45:25]
» We'll give everyone just a moment.
>> Think we've had enough moments. Thank
[45:28]
you.
>> Good public comment.
[45:29]
» Okay. With that, we will move on to the
consent calendar. We have items 2 A
[45:35]
through
2L. Um, I would like to discuss consent
[45:41]
item I, but we will accept public
comment on all items, but I did want to
[45:45]
pull consent item I, which is the fleet
replacement. Um, and specifically about
[45:51]
a letter we received from sustainable
Sanfell. So, we will have staff respond
[45:55]
to that. Are there any other items that
the council would like to hold?
[46:00]
Not seeing any. I will open public
comment on the entire consent agenda. So
[46:05]
that's items 2 A all the way through
including I through L. So if you'd like
[46:10]
to comment on the consent agenda, you're
welcome to state your name and what part
[46:14]
of Sanfel you live in. Maybe pull the
microphone up. There you go.
[46:19]
» Good afternoon. Um, my name is Jose
Guusman and I'm here on behalf of
[46:23]
Aliados Health, an organization that
represents 17 community health centers
[46:27]
across six counties including Marin
County and Marine Community Clinic,
[46:34]
Marin City Health and Wellness Center
and Reader Center, key um, community
[46:38]
health centers in this city. So, I just
wanted to make a quick comment about
[46:42]
thanking the major and members of the
city council for proclaiming National
[46:47]
Health Center Week. We appreciate your
support in recognizing and the important
[46:52]
role that community health centers play
in the city and across the region.
[46:57]
Community health centers provide high
quality affordable primary care
[47:00]
regardless of a person's ability to pay.
They provide essential services
[47:06]
including primary care, dental care,
behavioral health, and preventative
[47:11]
services.
As the resolution noted, community
[47:14]
health centers in the across the county
provided 300,000 patient visits and more
[47:20]
than uh to more than 57,000 patients.
This information is coming from 2025 and
[47:26]
is across the county of Marine.
Thank you again for recognizing National
[47:31]
Health Center Week and for your
continued support for the work that
[47:34]
community health centers play in the
city. We look forward to continuing our
[47:38]
partnership and to to improve the health
and well-being of our community. Thank
[47:43]
you. And again, my name is Jose Guzman
and representing Aliad Health.
[47:47]
» Thank you, Jose. And that was in
reference to the proclamation that's
[47:51]
part of our consent agenda. Thank you.
Anyone else like to comment on the
[47:56]
consent calendar?
Not seeing any public in the room. Is
[48:01]
there any public comment online?
>> I see no hands raised. Give me one
[48:05]
moment.
Thank you.
[48:08]
» I see no hands raised.
>> We will close the public comment online.
[48:12]
Um and
I would accept a motion on all the items
[48:16]
except for I and then we'll have staff
speak to I.
[48:18]
» So moved.
>> I'll second.
[48:20]
» Moved and seconded. Roll call, please.
>> Council member Bushy.
[48:24]
» I.
>> Council member Hill.
[48:25]
» I.
>> Vice Mayor Curts.
[48:26]
» I. Council Edensalotti.
>> I.
[48:28]
» Mayor Kate.
>> I. That motion carries 5-0. So the item
[48:32]
that was pulled was a fleet replacement.
We received an excellent letter from
[48:35]
Samfell uh sustainable Sanrafell and
they had a straightforward question
[48:41]
about why not all of the vehicles
specifically the motorcycles and the
[48:46]
police administrative vehicles were not
within the electric vehicle pool. So I
[48:51]
was hoping that chief could um clarify
that for us and respond to their
[48:56]
concerns.
>> Happily. Thank you uh Mayor Kate. Good
[48:58]
evening members of the council. Um we uh
staff did receive the letter uh that you
[49:04]
made reference to. I hosted a personal
conversation today with the author of
[49:07]
that letter, answered a few questions
and provided some clarification as it
[49:11]
relates to the police motorcycles, staff
cars, those types of things. We have um
[49:17]
begun our transition to some electric
vehicles. We have two electric vehicles
[49:22]
in the fleet. One's operated by a police
captain. The other is assigned to a
[49:26]
police lieutenant or special operations
lieutenant. The vehicles that are in the
[49:31]
staff report for replacement uh include
one vehicle which is assigned I'll speak
[49:37]
cryptically but it's assigned to an
undercover uh operator um who in some
[49:43]
cases is on rolling surveillances and
very special uh special utility for that
[49:49]
vehicle and electric vehicle would not
be conducive to that line of work.
[49:53]
The other experience we've had thus far
uh with where our uh uh uh charging
[50:00]
infrastructure exists today um we with
the uh electric vehicles that we do have
[50:07]
in service. We originally assigned them
to detectives. Detectives who rotate
[50:11]
through on call uh responsibilities. Uh
in some cases um on call
[50:17]
responsibilities, the operator takes the
vehicle home in case of um an after
[50:22]
hours call out. We've had cases where uh
when the detective during their work
[50:27]
shift is operating the vehicle, uh it's
not charged enough for them to get home.
[50:32]
Uh so we continue to evaluate the
products available. We continue to
[50:37]
improve our infrastructure, but um these
vehicles, you know, we specifically met,
[50:43]
including the city manager,
sustainability, and we walked through
[50:47]
our options. At this point, we're we
continue to remain open uh to further
[50:52]
electrifying our fleet, but at this
point, these vehicle recommendations are
[50:55]
based on operational need.
>> Thank you, Chief. That very well
[51:00]
explained and understanding the
operational constraints. Any questions
[51:04]
by the council on this item? other than
just gratitude that you have been
[51:08]
thoughtful about it and that the
transition does continue but in a way
[51:11]
that enables our officers to do their
work because that is the highest
[51:14]
priority. Thank you. So with that I'd
entertain a motion on this specific item
[51:18]
please.
>> So I'll move to accept the completion
[51:21]
and authorize the city cler to file the
notice of completion. Is that no sorry I
[51:26]
missed it.
>> Adopt the resolution.
[51:27]
» Adopt the resolution for
>> Yeah.
[51:30]
» Do I have to?
>> Yeah.
[51:32]
» Wait.
Two I
[51:35]
» not I two I.
>> Yes.
[51:38]
» Second.
>> Moved and seconded on two I. Roll call,
[51:41]
please.
>> Council member Bushy.
[51:44]
» I.
>> Council member Hill.
[51:45]
» I.
>> Vice Mayor Curts.
[51:46]
» I.
>> Council member Yenslotti.
[51:48]
» I.
>> Mayor Kate.
[51:49]
» I. That motion carries. 5-0. Thank you.
We have two uh grand jury reports that
[51:53]
the council will be reviewing uh this
evening. The first one is response to
[51:57]
grand jury report on MCE Marin Clean
Energy. and we will turn it over to the
[52:04]
interim city manager uh to tee it up.
>> Yeah, I'll just provide a quick
[52:10]
introduction. As was noted uh by the
mayor, actually the next two items uh
[52:14]
represent um staff's proposed response
to um the two reference uh grant jury
[52:21]
reports, one related to marine clean
energy, and then we'll touch on the
[52:25]
report uh related to special districts.
Um, as I shared previously, council,
[52:30]
I'll just note that, uh, these are two
of four, uh, grand jury reports that
[52:35]
were issued over the last several weeks.
Um, there's a third one that I would
[52:38]
argue has, um, city interest, but, the
city was not requested to provide a
[52:43]
response that has to do with, um,
findings and recommendations related to
[52:48]
the county measure A park and open
space. And for the purpose of this
[52:52]
meeting, I'll just note that um staff is
working with the county administrator's
[52:56]
office and other cities and towns to
coordinate a response uh related to that
[53:01]
uh report. But without further ado, I'll
turn it over to um Pya Nixon in our
[53:06]
office to uh present the first item.
>> Thank you so much. Good evening, mayor,
[53:10]
members of the city council. I hope
everyone is doing well. I'm here to talk
[53:14]
about item 3A, which is the response to
the grand jury for Marin Clean Energy.
[53:21]
The action that we are requesting
tonight is uh that the city council
[53:26]
adopt a resolution approving and
authorizing the mayor to execute the
[53:31]
city of San Rafll's response to the
Marin uh county civil grand jury report
[53:37]
entitled MCE Marin Clean Energy a series
of missteps highlight need for
[53:43]
governance changes. And just as a
reminder, the city does have 90 days to
[53:48]
respond.
Um and you'll note in your packet that
[53:52]
the full response is there as an
attachment. So just a little bit of
[53:56]
background. Um the report examines the
governance oversight and management
[54:01]
practices of MCE Marin Clean Energy, the
uh community choice aggregator uh that
[54:08]
provides electricity to most San Rafale
households and businesses as well as
[54:12]
those of the other 37 uh other member
cities, towns, and counties. Um just a
[54:21]
little bit of the conclusion that we
read in the report is that MCE's uh 34
[54:27]
member board of directors has not
consistently exercised an active
[54:32]
governance role. Um the board uh seated
significant authority to MCE's uh
[54:38]
management and spending increased more
than $200 million
[54:43]
uh uh more than $200 million more
compared to last year. Um, and I'll also
[54:49]
just note that MCE is governed by a
joint powers agreement. The MCE board,
[54:55]
not the city of San Rafael City Council,
exercises governing authority over MCE
[55:02]
policies.
So, there were two findings and then two
[55:06]
recommendations. Um, the first finding
is F4. Many board members have quite
[55:12]
understandably limited experience
regarding a large and complex company
[55:17]
such as MCE. The response is that we
agree, the city agrees. Um and then F5,
[55:24]
which is all MCE board members uh are
local elected officials who face
[55:30]
competing demands on their limited time
and resources. As a result, meeting
[55:36]
attendance has often been poor and
insufficient for optimal optimal uh
[55:41]
effective governance. And the response
is agree for that. Um and then there's
[55:46]
two recommendations. Uh the first one,
R5, is by December 31st, 2026, all of
[55:53]
MCE's marin jurisdictions and preferably
all 38 jurisdictions covered by MCE
[56:00]
should implement a process by which its
appointed board members or in that
[56:05]
person's absence, the designated
alternate member commits to attending
[56:10]
each regular board meeting. And this
recommendation will not be implemented
[56:14]
at this time but will be considered
further. And then the last
[56:19]
recommendation which is R six by
December 31st 2026 all of MCE's marine
[56:27]
jurisdictions and preferably all 38
jurisdiction covered by MCE should
[56:33]
reassess their appointments uh of chosen
board members to prioritize those with
[56:39]
the most ex extensive financial and
energy expertise. and the recommendation
[56:46]
is uh will be implemented and interim
city manager if you have a comment.
[56:51]
» Yeah, I'll just add a couple comments
and um just to clarify that uh the
[56:56]
findings and the recommendations in the
report are that of the grand jury not of
[57:01]
the county or MC or any of its um member
agencies. Uh with respect to the um two
[57:09]
specific recommendations,
um I think we stated in the formal
[57:13]
responses attached that um in many ways
city council already does both of these
[57:21]
um at least the spirit of those
recommendations and all of your
[57:24]
appointments, right? ensuring that folks
um both have an interest um have a
[57:29]
general aptitude uh towards the subject
matter and the expectation of uh the
[57:36]
council as probably the case with all
the councils that appoint the
[57:39]
representatives that the folks will make
every effort to um you know attend the
[57:44]
meetings and be in the best position to
serve in those roles. Uh the the grand
[57:50]
jury report um just wants to underscore
the need for um
[57:58]
uh a strong governance model which
includes um knowledge, expertise um and
[58:04]
time needed to um serve in that role. I
will leave it at that.
[58:12]
» And that concludes my report. Thank you.
Thank you, Prea. Any questions that the
[58:17]
council has?
Okay, we will enable comments, but I
[58:22]
don't see any questions. So, not seeing
any questions. We'll open up the public
[58:25]
comment on this item. If you'd like to
comment on the grand jury proposed
[58:29]
response to MCE, now's your chance. I
don't see anyone in the room. Anyone
[58:34]
online like to comment on this item?
>> I see no hands raised.
[58:39]
» Okay.
Thank you. I will close the public
[58:42]
comment online and come back to
comments. And maybe I'll first I know
[58:47]
that you want to comment. Um why don't
we first go with our representative on
[58:50]
MC if you have any comments then we'll
just go to the vice mayor and then we'll
[58:53]
all have additional comments.
>> Yes. Thank you. No I um I I appreciate
[58:58]
the uh the work that went into this
response and I think um it really
[59:03]
addresses the the grand jury's findings
and recommendations. This is again uh
[59:08]
the marine grand jury for um 38
different um districts or or cities and
[59:15]
and counties. So um I think um um there
I think there is value in the MC's
[59:23]
governance model of having locally
elected officials at the table and uh
[59:28]
bringing accountability and the
perspective of the community that we
[59:30]
serve as well. I've been serving in MC
for this is my sixth year. So I won't be
[59:37]
looking for to renew for the following
year but I really um I think um um
[59:42]
trying to find somebody that has
knowledge around um energy and um and
[59:48]
finance will be good although it is we
are not elected to have that expertise.
[59:53]
So with that I definitely support moving
forward with this response. Thank you.
[59:58]
» Thank you vice mayor. Any comments? I
just said I appreciate the work that was
[1:00:03]
put into the whole grand jury report as
well as the work that's happening
[1:00:08]
currently at MCE to address a number of
open issues and concerns. Um I think the
[1:00:14]
responses to the findings and the
recommendations
[1:00:18]
um work for us and align with work that
we're already doing. So I appreciate
[1:00:22]
that. Thank you.
>> Thank you, Council Member Hill.
[1:00:26]
» Thank you, Mayor. Yeah, I think um the
goal and vision and mission of Marine
[1:00:31]
Clean Energy, formerly Marine Clean
Energy, now MCE, is noble. I do think
[1:00:35]
that appropriately uh the Marine uh
civil grand jury has uh raised uh
[1:00:40]
questions on governance and I'm thankful
that staff was able to respond and bring
[1:00:46]
uh the recommendations to the council.
Thanks.
[1:00:48]
» Thank you, Council Member Bushy. U my
comments um are those of a former civil
[1:00:55]
grand jury member and they go to the um
quality of the presentation in this
[1:01:02]
response and the the second response the
next one that we get to and I am very
[1:01:07]
impressed that with the analysis um the
writing and the explanation of very
[1:01:13]
succinctly explaining the city's role
and the city's position and bringing it
[1:01:18]
all together in a clear response in um
in both of these and as a former grand
[1:01:23]
juror I know that making that connection
is um the important part of um why they
[1:01:30]
put out those reports. So
congratulations on two jobs well done.
[1:01:35]
» Thank you and I'll just conclude. Thank
you for that presentation. Um I will
[1:01:39]
note that it's an unusual board and that
there are 34 members. So thank you to
[1:01:43]
council member Uransuli for being there
and a pretty un a large group. So, I'm
[1:01:48]
glad grand jury also looked at it and
just for members of the public, we'd
[1:01:51]
have both um our appointee and we also
have an alternate that is something that
[1:01:55]
we'll continue to do in the years to
come. So, we're always at least two
[1:01:58]
folks um that are will cover Sanfell
when the meetings occur. So, um thank
[1:02:04]
you to staff for doing that. I would
entertain an Go ahead, Council Member
[1:02:09]
Micah.
>> Thank you, mayor. Um, so I'll move um to
[1:02:13]
adopt a resolution approving the
unauthor unauthorizing the mayor to
[1:02:17]
execute the city of San Rafael's
response to the Marin County Civil Grant
[1:02:21]
jury report titled MC Marine Clean
Energy. It's actually MC Clean Energy,
[1:02:26]
but a series of missteps highlight need
for governance changes.
[1:02:32]
» Second.
>> Moved and seconded. Roll call, please.
[1:02:35]
» Council member Bushy.
>> Hi.
[1:02:36]
» Council member Hill.
>> I.
[1:02:38]
» Vice Mayor Curts.
>> Hi. Council Marina Encelad.
[1:02:40]
» Hi,
>> Mayor Kate.
[1:02:41]
» I That motion carries 5-0. Thank you.
The next one is another grand jury
[1:02:46]
report. This is on special districts.
>> Oh, and I see PA is leaving. So, we'll
[1:02:50]
have the city manager, interim city
manager. Go ahead.
[1:02:54]
» Okay, I'll uh I'll cover this one. Um,
so this uh second report by uh for which
[1:03:00]
the city is um required to submit a
response within the uh statutory 90day
[1:03:06]
uh time frame. Uh is the report related
to the grand jury's um review of
[1:03:13]
arguably like sort of the patchwork of
special districts that uh provide uh in
[1:03:20]
almost all cases pretty critical
municipal services to to residents uh
[1:03:25]
throughout the county. Um uh the title
of the report is better service at lower
[1:03:31]
cost optimizing essential services for
the future of Marin. Um, again, there's
[1:03:38]
uh our staff report and the action is
the resolution authorizing the mayor to
[1:03:45]
essentially sign off on the response
which is included in your packet.
[1:03:49]
There's a um number of findings F1
through F7 that I could just summarize
[1:03:55]
by saying that they speak to in the
grand jury's opinion uh the fragmented
[1:04:02]
structure of special districts uh that
can lead to um sometimes uh duplication
[1:04:09]
particularly on administrative functions
but sometimes um spilling over into
[1:04:14]
operational
um there are larger districts or smaller
[1:04:18]
districts And for some of these
services, the grand jury notes that
[1:04:22]
scale matters and some of the smaller
districts have more challenges in um
[1:04:27]
meeting their um goals and objectives
including you know staffing challenges.
[1:04:32]
There's um also disperate um pricing and
rates across for instance our sanitary
[1:04:39]
districts and um water districts uh fire
districts providing services and um the
[1:04:48]
sense it's in essence the report um
makes a case to uh look continue to look
[1:04:54]
at ways to knock down some of the
perceived barriers to uh consolidation
[1:05:00]
where it has the promise of more
efficient service, lower cost, and
[1:05:05]
better service uh to our to our
community. There are um also a number of
[1:05:11]
recommendations that um we're being
asked to respond to. Um uh the first
[1:05:17]
recommendation is that all district
boards uh should have conducted their
[1:05:21]
first uh semianual consolidation
exploration. Our answer there is again
[1:05:26]
this is not directed specifically at the
um city of San Rafll although I would
[1:05:32]
note and we say in the staff report that
we are actively uh pursuing uh
[1:05:37]
opportunities for uh consolidation of
districts and the two that are cited I
[1:05:41]
think they might have even been
mentioned earlier is our work with the
[1:05:45]
Marin um Marinwood community services
district around um consolidating fire
[1:05:50]
services and the aforementioned um
transition of the San Rafale sanitary
[1:05:56]
district from being under sort of the
opices of the city of San Rafale and
[1:06:01]
merging with the central marine
sanitation districts. Um
[1:06:07]
um so I I think I'll just wrap up by
saying that um not only does San Rafll
[1:06:15]
in our view support the idea of
continuing to look at opportunities for
[1:06:19]
efficiencies and improvements um even if
that means the hard work of
[1:06:24]
consolidation. I know that the Marin
Lafco has looked at this on numerous
[1:06:29]
occasions um including the two areas
that we're currently working on and uh
[1:06:34]
city staff with council uh direction
will continue to um do our part. So with
[1:06:40]
that I'll uh bring it back to the mayor
and council.
[1:06:43]
» Thank you. Any questions on this item?
>> Yeah, council member Hill.
[1:06:48]
» Um just the the question it seemed on
face value. My question is that on face
[1:06:52]
value that all the recommendations that
did not obviously pertain to the city of
[1:06:56]
Sanfell. When a civil grand jury asks
questions um for us to respond to that
[1:07:01]
are so obviously not for us to respond
to, are they inviting municipalities to
[1:07:06]
take the bait and get involved? Or was
it just a misdirection
[1:07:11]
or something else?
>> I don't know if I can speak to the grand
[1:07:16]
jury's intent.
Um I will just say that uh within reason
[1:07:22]
um any opportunity that the city may
have to comment um we'll look at. Thank
[1:07:30]
you.
>> Thank you. Not seeing any other
[1:07:33]
questions. I'll open up the public
comment on this item. If you would like
[1:07:36]
to comment in the chambers, now is your
opportunity.
[1:07:40]
I don't see anyone coming forward.
Anyone online that would like to comment
[1:07:43]
on this item?
>> I see no hands raised, but I'll remind
[1:07:45]
everyone you can press star 9 to raise
your hands.
[1:07:49]
I see no hands raised.
>> Thank you. I'll close a public comment
[1:07:52]
and bring it back to the council for
additional comments. Vice Mayor,
[1:07:56]
additional comments.
>> I support so much of what has said been
[1:08:01]
said in this report. Um, I think it's a
conversation that we've had a number of
[1:08:06]
different times. And I think one of the
messages that comes out loud and clear
[1:08:10]
in the report is that it takes a lot of
work to actually do the consolidation
[1:08:16]
work. And I appreciate the work that San
Rafll is already doing in a number of
[1:08:20]
these different situations. In terms of
our response, it's our response. It
[1:08:26]
makes the most sense right now. Um, and
because it wasn't really in our purview
[1:08:31]
to deal with
Thank you, Council Member Hill.
[1:08:34]
Comments.
>> Thank you, Mayor Kate. Yeah, building on
[1:08:36]
the vice mayor's comments, the report
called out the opportunity ahead for
[1:08:41]
consolidation that there is um benefit
to it and and as the vice mayor
[1:08:46]
indicated, there are uh many uh parts of
it that can be uh fraught uh to just
[1:08:53]
weigh in, weighed in. And they call out
further that um often times
[1:08:59]
consolidations are done under duress. um
in a moment uh when it's particularly
[1:09:04]
challenging. So, I appreciated the uh
the questions and uh hopefully we can
[1:09:08]
find our way towards um better
governance in our community with smaller
[1:09:11]
districts.
>> Thank you, Council Member Ursali.
[1:09:13]
Comments.
>> Uh yes, I concur with everything that
[1:09:16]
has been said. I completely agree with
the with the report and I think it's
[1:09:20]
it's very important to um look at the
different organizations that they exist
[1:09:25]
and see how we can um whenever possible
bring them together um including school
[1:09:31]
boards that maybe were not included in
here. I must say that thank you.
[1:09:36]
» Thank you. Council member Bushy
comments.
[1:09:39]
» Um um my comments are just that we're
living the dream here in San Rafal. um
[1:09:44]
bringing consolidation um to the
forefront and doing the hard work um
[1:09:49]
that it takes. So I think the response
is uh nicely summarizes all of our
[1:09:54]
policies and our strategic plan.
>> Thank you. And I'll just add I
[1:09:57]
appreciate the grand jury looking at
this. This is something again outside of
[1:10:01]
the purview of the city of Sanfell as it
were but the Sanfell sanitation
[1:10:05]
district. We did point to previous grand
jury reports as we started on working on
[1:10:10]
consolidation um which there is a formal
process that will be starting the
[1:10:15]
discussion but in the interim we are
working on an operating agreement to the
[1:10:18]
vice mayor's point it takes time we've
been at it for two and a half years um
[1:10:23]
for lots of reasons the mechanisms and
the systems are hard to change but
[1:10:26]
appreciate the grand jury looking at
this I truly believe that it's best for
[1:10:30]
our residents rateayers and taxpayers to
have additional consolidation throughout
[1:10:35]
Marine county. So, look forward to
seeing how the other agencies respond
[1:10:38]
where it's more applicable where they're
special districts. So, um I would
[1:10:43]
entertain a motion on this item, please.
>> I'll raise a motion adopt the resolution
[1:10:48]
approving and authorizing the mayor to
execute the city of San Rafale's
[1:10:52]
response to the Marin County Civil Grand
Jury report titled better service at
[1:10:56]
lower cost, optimizing essential
services for the future of Marin.
[1:11:01]
» Second.
>> Moved and seconded. Roll call, please.
[1:11:04]
Council member Bushy
>> I.
[1:11:05]
» Council member Hill
>> I.
[1:11:07]
» Vice Mayor Kurt
>> I.
[1:11:08]
» Council Marensi.
>> Hi I.
[1:11:10]
» Mayor Kate.
>> I. That motion carries 5. Thank you.
[1:11:12]
Thank you to staff for preparing those
reports. The last item on our agenda
[1:11:16]
this evening is the city manager
employment agreement. Paul Nazio.
[1:11:21]
So is there a staff report on this?
Okay. I just realized city attorney turn
[1:11:26]
it to you.
>> Thank you Mayor Kate. Members of the
[1:11:28]
council. I'll be doing the report on
item 3C tonight. attached to the staff
[1:11:33]
report, the written staff report is a
resolution appointing Paul Nazio as the
[1:11:38]
city's permanent city manager effective
tonight and approving the attached
[1:11:43]
employment agreement to identify him for
the record. Mr. Nazio is seated
[1:11:47]
immediately to my left wearing a navy
suit with a navy tie and a white shirt.
[1:11:54]
Mr. Nazio has served as the city's
finance director since 2023, but then
[1:12:00]
became the acting city manager in
February and the interim city manager in
[1:12:04]
April. Staff uh now recommends that the
council make his appointment permanent.
[1:12:10]
So, I just want to review a few key
points on the agreement. They're
[1:12:14]
reflected uh as well in the staff
report. The city charter uh um is
[1:12:20]
respected in the agreement. He Mr. Nazio
is proposed to be appointed for an
[1:12:24]
indefinite term. Uh the council does
have the full authority to remove the
[1:12:29]
city manager at any time with or without
cause.
[1:12:33]
The agreement does uh run for an
addition initial term through August 31,
[1:12:38]
2028 and then calls for an automatic
renewal every two years after that.
[1:12:45]
Important to talk about compensation for
a moment. The base salary is not
[1:12:50]
increasing beyond what the city manager
would already be entitled to based on
[1:12:55]
the across the board increases that were
provided to uh the city workforce. July
[1:13:00]
1, the um unrepresentative executive
management employees received uh a cost
[1:13:07]
of living increase and it's proposed
that um Mr. Nasio's uh salary would
[1:13:13]
similarly increase retroactive to uh
January 1. So, it's not a new or a
[1:13:18]
special raise being made. Uh,
>> July,
[1:13:22]
» excuse me, July one. Uh, that was a
misstatement. July one. So, it's not a
[1:13:27]
new or a special raise. It's um uh
simply um
[1:13:33]
uh bringing him current with what all
the other directors received. Uh I do uh
[1:13:40]
want to uh correct two points on the
staff report that were called to my
[1:13:44]
attention as being inconsistent with the
agreement. We were working on the
[1:13:49]
agreement up till the last moment and
there were a couple things that we
[1:13:52]
failed to pick up in the staff report.
There are details, but I think uh it's
[1:13:57]
important to get these on the record.
I'll also note uh that under um the now
[1:14:02]
prevailing law, the reason why this is a
regular agenda item is because it's
[1:14:06]
required to be under the government
code,
[1:14:10]
there's a uh place in the staff report
that talks to a compreh speaks to a
[1:14:14]
comprehensive review for the city
manager uh being under section 9G of the
[1:14:20]
agreement with amendments to be acted on
if there are any amendments to the
[1:14:24]
agreement by June 30, 2028. That's an
incorrect reference in the staff report.
[1:14:30]
Uh what is correct is in the final
agreement. The provision I just
[1:14:33]
referenced is in section 7D and the
deadline for the council to act on any
[1:14:38]
amendments would be March 1, 2028, not
June 30th. But the meet and confer date
[1:14:45]
to talk about whether to make amendments
is correctly stated both in the staff
[1:14:49]
report and in the agreement is January
31, 2028. There's also a miscitation of
[1:14:56]
the government code. That one hits me
really hard. And um that's because the
[1:15:02]
legislature changed the Brown Act a
teeny little bit. And what used to be
[1:15:07]
54953C3
is now 54953D3.
[1:15:14]
Ah, and so it's correct in the
agreement. It's not correct in the staff
[1:15:19]
report. I wanted to call that to your
attention. Kudos to those who spot such
[1:15:23]
sort of things. And because they were
spotted by someone else sitting in this
[1:15:27]
room, I was able to correct the record
tonight.
[1:15:31]
So to be clear, these are simply uh
errors that were in the staff report,
[1:15:35]
not in the agreement. We stand by the
agreement that's recommended for your
[1:15:39]
consideration and adoption tonight. And
my recommendation remains to adopt the
[1:15:44]
resolution uh in its current form uh
adopting the agreement appointing Paul
[1:15:50]
Nazio as our permanent city manager.
That concludes my staff report. I'm glad
[1:15:55]
to take any questions you might have.
>> Thank you, city attorney. Thank you for
[1:15:59]
those clarifications in the staff
report. We will have time for comments,
[1:16:02]
but we'll start with questions as we
always do. Any questions? I don't see
[1:16:06]
any questions from the council. I will
open up public comment on this item.
[1:16:10]
Anyone in the chambers like to comment
on this item?
[1:16:14]
I don't see anyone approaching the dis.
So is there anyone online that would
[1:16:18]
like to comment specifically on this
item?
[1:16:20]
» I do see one hand raised.
[1:16:31]
» Hello there. Please vote this item
because uh pointing Basio is city
[1:16:37]
manager because Basio is attorney being
big giddy greetable motherucker who's
[1:16:43]
going to steal. I'm
>> going to go ahead and if you could mute
[1:16:46]
please and I know we had a speech from
the city attorney
[1:16:51]
and I do appreciate that there are
different voices being uh mimicked by
[1:16:56]
the caller. So maybe you could review
where we are. Yeah, we did go into this
[1:17:00]
at some length earlier in the meeting
and I'm not going to repeat all the
[1:17:04]
comments I made before, but I do think
it's important to lend context for the
[1:17:07]
community when uh because of the new uh
um requirement that our beloved state
[1:17:13]
legislature has imposed that we take
public comment in this fashion over Zoom
[1:17:18]
and because we don't have a 7-second
delay like they used to have on the
[1:17:22]
call-in radio shows, uh we get speech
that is surprising, I think, to the
[1:17:27]
community because um Many people would
find it offensive, abhorrent, and speech
[1:17:32]
that we would prefer not to listen to.
However, uh even hate speech uh is
[1:17:38]
permissible public speech and frankly
the the city can't prohibit it in a
[1:17:42]
public meeting like this because of our
first amendment. And the speaker started
[1:17:47]
making uh um comments about um race and
ethnicity. Uh and those are definitely
[1:17:54]
hate speech. and in a different context
they would be actionable. Uh for
[1:17:59]
example, you can't um you know use hate
speech in the employment context and
[1:18:03]
that sort of thing. But here um uh we
really have to listen to the speech. And
[1:18:10]
so I would advise that the mayor allow
the speaker to continue for their aotted
[1:18:14]
time. And I hope that my comments have
helped uh anybody watching now or who
[1:18:19]
later watches this uh uh meeting to
understand why this speech is being
[1:18:23]
allowed.
>> Thank you for that clarification. I'll
[1:18:26]
ask the speaker. You're not required,
but we would like to know uh if you're
[1:18:30]
welcome to say your name and what part
of San Rafll you live in. would be
[1:18:34]
appropriate. You're welcome to do that.
And we hope that while you might find
[1:18:40]
this entertaining, that you have helpful
comments to the council would be
[1:18:45]
appreciated.
[1:18:48]
Timer start, please.
>> Yes. Oh, mayor, I'm sick and tired of
[1:18:55]
corruption in this city. And believe me,
council manager in this thought now or
[1:19:01]
whatever the hell his guinea name is,
he's going to start buring people's
[1:19:06]
speed bumps along the 101 freeway
because we all know how those
[1:19:11]
Italian back. Yeah. So them and you, Mayor Kate, your stupid
[1:19:20]
» Welcome to our free country where you
are able to say whatever you want. So we
[1:19:25]
will in a spirit of democracy and
upholding the things we hold dear. We
[1:19:31]
recognize that we have to listen to
comments that are frankly I will say
[1:19:36]
unproductive not helpful and do not
represent the values and the inclusivity
[1:19:40]
of our community. So with no more public
comment
[1:19:45]
» more public comment
>> and I'm very sorry that was a public
[1:19:48]
comment we had. We will now have
comments from the council that will
[1:19:52]
actually um really represent the solity
the solity and the seriousness and the
[1:19:58]
delight of this agenda item. Vice Mayor,
>> thank you and fully support uh this
[1:20:06]
recommendation and the move to formalize
the position um and to make uh Paul
[1:20:13]
Deazio our formal city manager. Um, Mr.
Nazio, you have been a breath of fresh
[1:20:21]
air um, in the work that we've been
doing. Can definitely see how your
[1:20:27]
experience um, and support has already
put us on a trajectory of achieving so
[1:20:34]
much of what we have laid out. Um, I
also appreciate your direct honesty when
[1:20:41]
we're going off the rails. So, um it's
very helpful and I think in the world
[1:20:48]
we're in today, um your background, your
finance background as well is incredibly
[1:20:54]
invaluable to the work that we are
doing. Um and so really appreciate that
[1:20:59]
and looking forward to continue working
with you in the years ahead.
[1:21:04]
» Thank you. Uh Council Member Bushy,
>> I'm delighted to support this um this
[1:21:10]
matter on our agenda. Um it has been a
pleasure to watch Paul become our um
[1:21:19]
astute finance manager and then um
evolve into our um city manager in a way
[1:21:27]
that really focuses on our strategic
objectives
[1:21:32]
in a way that fully encompasses all of
the humanity that is involved in those
[1:21:38]
goals. Um, so I am confident in the
future with Paul at the helm and can't
[1:21:44]
wait to approve the contract.
>> Thank you, Council Member Hill.
[1:21:49]
» Thank you, Mayor. I am looking forward
to uh voting for this resolution for
[1:21:54]
Paul Nazio to become our permanent city
manager. Paul, you've been unswerving in
[1:21:58]
bringing every bit of your uh skill and
experience uh to our city, and I look
[1:22:04]
forward to that continuing. Thank you.
Thank you, Council Member Uran Guli.
[1:22:09]
» Thank you, Mayor. I'm also very um
excited to support this this
[1:22:14]
appointment. Um I think you started as
an acting city manager at a very
[1:22:20]
complicated time of the year for us. Um
and the fact that you have your
[1:22:24]
background in finance and were able to
do our budgets and everything that the
[1:22:28]
city does. Um and also work with the
staff members and knowing the respect
[1:22:34]
that they have for you. I'm really
excited to appoint you as our new city
[1:22:38]
manager and also knowing that we have a
lot of work to do. So, um very excited.
[1:22:44]
Thank you.
>> Thank you. It I am delighted that this
[1:22:49]
is on our agenda this evening. I already
see that you have the support of
[1:22:52]
everyone on the DAS. So, we'll make it
formal u momentarily. And I'll just echo
[1:22:57]
everything that was said. your ability
to uh navigate the past couple months
[1:23:02]
during the budget season with a lot of
other things coming at it uh which not a
[1:23:07]
surprise in that you've had years of
experience in public service. You have
[1:23:11]
been in a city manager's role before.
You have been in other roles in other
[1:23:16]
cities and that wisdom is something we
are all going to benefit from here in
[1:23:20]
Sanfell. you've already heard from. We
already are benefiting from that and uh
[1:23:25]
we are so fortunate to have you here and
that we want you and you want to be with
[1:23:30]
us. So we are uh thrilled to have this
um as I said on our agenda and I also
[1:23:35]
want to thank the city attorney for
working through all the mechanics of the
[1:23:39]
document that is before us. So, um, I
know it's not usual for you to say
[1:23:44]
anything, but I would offer you the
floor if you wanted to say anything
[1:23:48]
prior to the council making a vote.
>> Um, thank you. I think I'll just add
[1:23:54]
that I um am excited to be here. I'm
excited uh to uh work with the council
[1:24:00]
and the staff, the ambitious work plan,
and um
[1:24:05]
um you know, honored and uh but ready to
keep at it. So, thank you very much for
[1:24:11]
the trust.
>> You are welcome. Vice Mayor, would you
[1:24:16]
like to make the motion?
>> I would. Thank you. I'd like to raise
[1:24:19]
the motion to adopt the resolution
appointing Paul Nazio as city manager
[1:24:24]
effective August 17th, 2026 for an
indefinite term as required by charter
[1:24:30]
section 8 and approving and authorizing
the mayor to execute the city manager
[1:24:34]
employment agreement.
>> And a second.
[1:24:37]
» Moved and seconded. Uh, roll call,
please.
[1:24:40]
» Council member Bushy,
>> I.
[1:24:41]
» Council member Hill,
>> I.
[1:24:43]
» Vice Mayor Curts,
>> I.
[1:24:44]
» Council Mars Galani,
>> I.
[1:24:46]
» Mayor Kate,
>> I. That motion carries 50. We had public
[1:24:50]
comment at the beginning of the meeting
and it was not fully utilized. So, we
[1:24:53]
will not uh have the public comment now
this evening because we've already
[1:24:58]
covered it the beginning. So, not seeing
anything else on our agenda, this
[1:25:04]
meeting is adjourned. Good night.